Declaration of the invalidity of a sales contract due to breach of the right of first refusal
Code: OBMA00156
Question
A co-owner has sold their co-ownership share in a property to a third party without first offering to sell their share to me. Can I seek a court order declaring the contract of sale invalid
The answer
Yes, in addition to the option of claiming against the purchaser (the third party), to offer me the sold co-ownership share for purchase on the same terms on which they purchased it, and the option to retain a right of first refusal, which also applies against the purchaser of the share, there is also the option to seek a declaration of relative invalidity of the contract for the transfer of the co-ownership share to a third party. If you are interested, please request a quotation.
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